PAYNE v. CUDJOE GARDENS PROPERTY OWNERS ASS'N, INC.

No. 3D03-1109.

875 So.2d 669 (2004)

Roy H. PAYNE, Jr. and Elizabeth Burger-Payne, Appellants, v. CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 30, 2004.


Attorney(s) appearing for the Case

Francis H. Muldoon, Jr., for appellants.

Morgan & Hendrick and James T. Hendrick; Warren D. Tochterman, for appellee.

Before LEVY, GREEN, and FLETCHER, JJ.


GREEN, J.

On this, the third appeal of this case before this court, the appellants/homeowners challenge the trial court's determination that they were not the prevailing parties for purposes of attorney's fees and costs in a dispute over a deed restriction set-back requirement. We conclude that because the Cudjoe Gardens Property Owners Association ("the association") prevailed on the significant issue in this case, the trial court did not abuse its discretion when...

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